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单词 clause of warranty
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clause of warranty
a. A covenant (either expressed by a clause of warranty or implied) annexed to a conveyance of real estate, by which the vendor warrants the security of the title conveyed. (In modern English practice the term has little or no application. In the U.S. the covenant of warranty corresponds to the English ‘covenant for quiet enjoyment’.)The early examples below relate to feudal law, under which the ‘warranty’ given by the grantor of a freehold estate obliged him to yield to the grantee other lands of equal value if the latter should be evicted. For collateral, lineal warranty see those adjectives.
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society > law > transfer of property > [noun] > warranty of security of title > annexed to conveyance
warrantisea1325
warranty1338
1338 R. Mannyng Chron. (1810) 263 If he had..gyuen þam..Þer wynnyng ilk a dele, þat þei mot reyme & gyue, Holdand in warantie [Fr. Terre et tenement à tenir par garaunt], of him & of his heyres.
1439 Rolls of Parl. V. 10/2 And therof have do made astate to you and to youre heires..with clause of Warantie.
1472–3 Rolls of Parl. VI. 44/2 To have and to hold to the forseid William, John and Robert, and their heires, with warantie of the said Phelip.
1495 Act 11 Hen. VII c. 47 §1 You..be not bounden to warant the seid Manoris..by reason of any warantye comprised in the same lettres patentes.
1528–30 tr. T. Littleton Tenures (new ed.) f. liiiv It is comonly sayde that there be thre maner of warrantyes, that is to say warranty lyneall, warranty collaterall, & warranty that begynneth by dysseysyn.
1630 Use of Law (new ed.) 31 in F. Bacon Elements Common Lawes If a man..do make a warranty of Land binding him and his heyres to warrantie.
1651 W. G. tr. J. Cowell Inst. Lawes Eng. 191 Lessor is bound to warranty to the Lessee.
1766 W. Blackstone Comm. Laws Eng. II. xx. 300 Next may follow the clause of warranty; whereby the grantor doth, for himself and his heirs, warrant and secure to the grantee the estate so granted.
1858 Ld. St. Leonards Handy Bk. Prop. Law v. 24 If one sell another's estate, without covenant or warranty for the enjoyment, it is at the peril of the purchaser.
1871 W. Markby Elem. Law §236 A warranty, properly speaking, is in form an undertaking that certain events will happen, or will not happen; have happened, or have not happened; but it is in reality a promise to make compensation for the loss occasioned by their happening or not happening.
attributive.1855 R. W. Emerson Misc. i. 16 This is the best part of these men's farms, yet to this their warranty-deeds give no title.1892 H. Owen in G. Owen Descr. Pembrokeshire i. xxii. 176 (note) The warranty clause..arose out of the old feudal doctrine that the land could not be alienated without the consent of the heir.
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更新时间:2024/12/23 2:42:40